Nintendo's crusade against emulators continues, with a serious lawsuit being filed against a Twitch streamer who continually played and livestreamed footage of leaked copies of Nintendo Switch games. A copy of the legal proceedings, acquired by news site TorrentFreak, details five different charges pressed to one Jesse Keighin, who uses the handle EveryGameGuru. Keighin had multiple channels and outlets where they were posting videos and streams of gameplay from at least ten Switch titles, all of which had been leaked and made available online prior to their release dates.

These charges are serious, and go beyond just streaming the games, as well.

Defendant is a recidivist pirate who has obtained and streamed Nintendo’s leaked games on multiple occasions. Leaked games (sometimes referred to as ‘prerelease games’) are copyrighted video games which Nintendo has not yet publicly released.

Since these games were not officially released at the time of the footage being taken, Nintendo alleges that these copies that Keighin was playing were pirated, and thus obtained illegally. Instructions on how to find the NSP/XCI files of leaked games were included in the streams, which would also mean the facilitation of piracy. On top of that, both Yuzu and Ryujinx have ended development, rendering the emulators "illegal software", and thus another crime. Continuing on, promoting illegal circumvention tools is a violation. Finally, distributing the prod.keys file allowing for running these pre-release leaks is the final charge, totaling the offenses at five.

For the first two charges, Nintendo is seeking $150,000 in damages for each instance of copyright infringement, and the third through fifth charges are fined at $2,500 per violation, per crime. In total, Nintendo is seeking a $2.4 million dollar settlement altogether.

Source

 

[Lostbhoy]

I see loads of videos of the leaked games being played, whys this person so special??

 

[NostalgicMillennial]

"I can do this all day"

Guess he fucked around and found out. All he needed to do was stop

 

[DragonMals]

So what would people think about this? In my opinion, I think they would honestly be deserved by what Nintendo was doing, who would be more open **streaming a pirated game BEFORE the game releases???** I think they should've known that was a stupid ass mistake, because yes, while I'm saying this as I've pirated some switch games despite my harsh opinions about doing so, it should be obvious that if you want to be a pirate, at least have some common decency to not do dumb shit like this.

 

[DKB]

I see loads of videos of the leaked games being played, whys this person so special??

He's done it multiple times, and it's more idiotic streaming it. Also, maybe they just went "fuck you in particular" as a make an example of him for others.

 

[Jayinem]

He should have just said he obtained the game legally, bought it in a store. On the stream I mean.

 

[Tri-Z]

Wonder how the original person who leaked the game feels. They prob just sitting back laughing when others are getting into trouble and Nintendo is so desperately trying to figure out the source but dummies like this one keeep going down

 

[Faust03]

The idiot gets what he deserves

 

[subcon959]

You'd think anyone who pirates games weeks before their official release would at least have the insight to just shut up about it, but I guess the average Nintendo fan is that stupid.

Have you ever read the news thread about leaks here? It's usually full of people bragging about obtaining the games. The whole culture is stupid now. at least it was properly underground back in the day.

 

[SecureBoot]

I won't lie, I streamed a little echoes of wisdom for some friends, but I have 7 followers and if I got an email, I'd nope right out of there

 

[Moe87]

They're never gonna see that $2.4m. The guy isn't making enough Twitch money. It's just gonna be another kongsnutz situation.

Yeah, streamer could file for bankruptcy to wipe legal related debt and it means Nintendo will not see any money in their hand, or possibly very small amount if it is come from liquidation.

 

[ChronoCrossfangirl2002]

i guess the 5 seconds of clout wasn't worth it after all. that's crazy

 

[Deleted member 702243]

Yeah, streamer could file for bankruptcy to wipe legal related debt and it means Nintendo will not see any money in their hand, or possibly very small amount if it is come from liquidation.

oh yeah, just file bankruptcy. that'll solve everything and never lead to any more problems later

 

[The Real Jdbye]

I can't believe the number of people in this thread siding with Nintendo. You really think someone deserves a $2.4m fine just for streaming a pirated game? They aren't hurting anyone by streaming the game. Copyright law is fucked.

Have you ever read the news thread about leaks here? It's usually full of people bragging about obtaining the games. The whole culture is stupid now. at least it was properly underground back in the day.

It has never been underground, forums are just the modern BBS, and domain names are the modern phone numbers. Things are really not much different from how they were way back.

 

[Deleted member 611696]

and the stuff about emulation too

 

[Moe87]

I think it is easier for Nintendo to pursue the pirate at civil court rather than ask FBI to issue the criminal charge and face at criminal court, so criminal courts are overwhelmed with heavy caseloads and if DA is uninterested, so they could throw criminal charge out. In civil court, it is streamer vs. Nintendo.

 

[SDA]

If these stupid leaks never existed we wouldn't have gotten this far.

 

[hippy dave]

On top of that, both Yuzu and Ryujinx have ended development, rendering the emulators "illegal software", and thus another crime.

I didn't know you could just make up your own crimes these days, that's pretty cool. I'll have to try and think up some good ones for the lols.

 

[Bladexdsl]

I see loads of videos of the leaked games being played, whys this person so special??

they sent him a dmca and he pretty much said go ahead you can't touch me. so they made an example of him. stupidity like that deserves no remorse

 

[zebrone]

Stupid Nintendo. Switch is sunk.

Think and present Switch 2.
Dont wast time anymore...

 

[samcambolt270]

both Yuzu and Ryujinx have ended development, rendering the emulators "illegal software"​

This is a completely incorrect statement, hilariously so. It is in no way illegal to use a software that has "ended development" and while yuzu is technically the legal property of nintendo because of the settlement, using it and distributing it is in fact not a crime. Distributing and acquiring it would be, at absolute worst, a tort, but using it (assuming you already have it) is as legal as ever. Ryujinx on the other hand is completely legal to distribute because the developer simply stopped updating it. Absolutely nothing about ryujinx halting development magically makes it illegal software.